Q: If I am charged with a DUI what will happen at my preliminary hearing?
A. An individual charged with any misdemeanor is entitled to a preliminary hearing where there is an opportunity for a defense attorney to cross examine the officer regarding the entire case.
Q. Can I be called as a witness at my preliminary hearing?
A. No, an individual has the right to remain silent and it would be a mistake to testify!
Q. Why should I contest my case at a preliminary hearing?
A. In almost all cases there are issues regarding probable cause to stop and arrest and relevant issues regarding either breath or blood results and even if the case is not dismissed at the hearing there may be strong arguments to have the case dismissed at later proceedings.
Q. Does it matter how I dress for court?
A. Everyone charged with a criminal defense should dress appropriately. Even though justice is supposed to be blind, it is not that way in real life!
Q. If I fight my case at a preliminary hearing am I still eligible for ARD?
A. It all depends on the county where the offense occurs and that is why you need experienced counsel who knows the rules in each county.
Q. How much money will I need for bail if I am charged with a DUI or other criminal offense?
A. Typically bail is set at ROR, meaning you do not need bail money. However if an individual has a serious record bail issues may be relevant and counsel knows how to deal with these issues in advance.
Q. Do I need to call witnesses at a preliminary hearing?
A. An individual charged with a criminal offense has a right to present witnesses at a preliminary hearing but in almost all cases it is unwise to call witnesses at such an early stage in a criminal proceeding.
Q. Will I have a criminal record if I receive ARD?
A. If an individual receives ARD the criminal charges are expunged at the successful conclusion of probation. However, the word expungement is somewhat misleading as in a DUI case the DUI will stay on a person's driving record for 10 years.
Q. Will my car insurance go up if I am charged with a DUI and receive ARD?
A. An insurance company could increase rates if they discovered a DUI on a motorist record even with ARD.
